Mukesh Sharma v. State Of West Bengal

15.05.2025 Ct.No.34 b.das Allowed C.R.M. (DB) 953 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Bankura P.S. Case No. 310 of 2023 dated 05.09.2023 under Sections 326/307/120B of IPC read with Sections 25(1)(a)/27 of the Arms Act. And In Re : Mukesh Sharma ... Petitioner.

Mr. S. G. Mukherjee, Sr. Adv.

Mr. Sourav Chatterjee, Sr. Adv.

Mr. Soumya Nag ...for the petitioner.

Mr. Rudradipta Nandy Ms. Ssanjana Saha ...for the State.

Heard learned counsels for the parties.

The petitioner is in custody for more than 6 months. Learned counsel for the petitioner submits that co accused standing of the same footing have been granted bail by this Court. The petitioner prays for bail. It appears that the co accused were granted bail solely on the anvil of Article 21 of the Constitution of India considering their period of detention.

Since the period of detention of the petitioner is lesser than that of the co accused, his application shall be considered independently on merits.

It appears that the petitioner's name transpired from the statement of a co accused. Though deposit of Rs.10,000/- is found in the bank account of the petitioner a few days prior to the alleged incident, the nexus of the said

transfer with the crime has to be assessed at the appropriate stage of trial. The principal assailant is on bail. Considering the material on record, particularly the extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be released on bail. Accordingly, the prayer for bail is allowed.

The petitioner Mukesh Sharma be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Bankura subject to condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner shall provide his mobile phone number to the learned Trial Court as well as the Officer in Charge of the concerned P.S. and shall not change the same without prior intimation to the said authorities.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)